Immigration and Asylum Bill - continued        House of Lords
SCHEDULE 13, CONSEQUENTIAL AMENDMENTS - continued
Power to require medical examination after entry - continued

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     60. In Schedule 2, omit paragraph 28.
 
     61. In Schedule 2, in paragraph 29, for "13(1), 16 or 17 of this Act" substitute " 53, 60, 61, 63(1) or (5) or 65 of the Immigration and Asylum Act 1999".
 
     62. In Schedule 2, in paragraph 34 (grant of bail pending removal), in sub-paragraph (1), after "examination" insert ", detained under paragraph 16(1A) above pending completion of his examination or a decision on whether to cancel his leave to enter".
 
     63. In Schedule 3 (supplementary provision as to deportation), in paragraph 3-
 
 
    (a) for "16 or 17" substitute " 60 or 61 of the Immigration and Asylum Act 1999";
 
    (b) omit "in paragraph 28(2), (3) and (6) and"; and
 
    (c) for "15(1)(a)" substitute " 57(1)(a) or 63(4)(a) of the Immigration and Asylum Act 1999".
 
The Protection from Eviction Act 1977 (c.43)
     64. In section 3A of the Protection from Eviction Act 1977 (excluded tenancies and licences), after subsection (7), insert-
 
 
    "(7A) A tenancy or licence is excluded if it is granted in order to provide accommodation for an asylum-seeker under Part VI of the Immigration and Asylum Act 1999."
 
 
The Magistrates' Courts (Northern Ireland) Order 1981 (S.I. 1981/1675 (N.I. 26))
     65. In Article 98(11) of the Magistrates' Courts (Northern Ireland) Order 1981 (enforcement of orders for periodical payment of money), at the end, insert-
 
 
    "(k) section 109 of the Immigration and Asylum Act 1999."
 
The Marriage Act 1983 (c.32)
     66. In section 1 of the Marriage Act 1983 (marriages of house-bound and detained persons in England and Wales)-
 
 
    (a) in subsection (1), for "a superintendent registrar's certificate" substitute "certificates of a superintendent registrar"; and
 
    (b) in subsection (2)(a), for "the notice" substitute "each notice".
 
The Housing (Northern Ireland) Order 1983 (S.I. 1983/1118 (N.I. 15))
     67. In Schedule 2 to the Housing (Northern Ireland) Order 1983 (tenancies which are not secure tenancies), after paragraph 3, insert-
 
 

"Accommodation for asylum-seekers
     3A. - (1) A tenancy is not a secure tenancy if it is granted in the exercise of the power, or under an arrangement, to provide accommodation under Part VI of the Immigration and Asylum Act 1999.
 
      (2) A tenancy mentioned in sub-paragraph (1) becomes a secure tenancy if the landlord notifies the tenant that it is to be regarded as a secure tenancy."
 
 
The Rent (Scotland) Act 1984 (c.58)
     68. In section 23A of the Rent (Scotland) Act 1984 (excluded tenancies and occupancy rights), after subsection (5) insert-
 
 
    "(5A) Nothing in section 23 of this Act applies to a tenancy or right of occupancy if it is granted in order to provide accommodation under Part VI of the Immigration and Asylum Act 1999."
 
 
The Police and Criminal Evidence Act 1984 (c.60)
     69. - (1) The Police and Criminal Evidence Act 1984 is amended as follows.
 
      (2) In section 8 (power of justice to authorise entry and search of premises), at the end insert-
 
 
    "(6) This section applies in relation to a relevant offence (as defined in section 28D(4) of the Immigration Act 1971) as it applies in relation to a serious arrestable offence."
 
      (3) In section 22 (retention), at the end insert-
 
 
    "(6) This section also applies to anything retained by the police under section 28H(5) of the Immigration Act 1971."
 
      (4) In section 61 (fingerprints), in subsection (9)(a), after "1971" insert ", section 137 of the Immigration and Asylum Act 1999 or regulations made under section 140 of that Act".
 
 
The Housing Act 1985 (c.68)
     70. In Schedule 1 to the Housing Act 1985 (tenancies which cannot be secure tenancies), after paragraph 4, insert-
 
 

"Accommodation for asylum-seekers
     4A. - (1) A tenancy is not a secure tenancy if it is granted in the exercise of the power, or under an arrangement, to provide accommodation under Part VI of the Immigration and Asylum Act 1999.
 
      (2) A tenancy mentioned in sub-paragraph (1) becomes a secure tenancy if the landlord notifies the tenant that it is to be regarded as a secure tenancy."
 
 
The Housing (Scotland) Act 1987 (c.26)
     71. In Schedule 2 to the Housing (Scotland) Act 1987 (tenancies which cannot be secure tenancies), after paragraph 5 insert-
 
 

"Accommodation for asylum-seekers
     5A. - (1) A tenancy shall not be a secure tenancy if it is granted in the exercise of the power, or under an arrangement, to provide accommodation under Part VI of the Immigration and Asylum Act 1999.
 
      (2) A tenancy mentioned in sub-paragraph (1) becomes a secure tenancy if the landlord notifies the tenant that it is to be regarded as a secure tenancy."
 
 
The Immigration Act 1988 (c.14)
     72. The Immigration Act 1988 is amended as follows.
 
     73. Omit section 5 (restricted right of appeal against deportation in cases of breach of limited leave).
 
     74. Omit section 8 (examination of passengers before arrival).
 
     75. Omit section 9 (charges).
 
 
The Housing (Scotland) Act 1988 (c.43)
     76. In Schedule 4 to the Housing (Scotland) Act 1988 (tenancies which cannot be assured tenancies), after paragraph 11A insert-
 
 

"Accommodation for asylum-seekers
     11B. A tenancy granted under arrangements for the provision of support for asylum-seekers or dependants of asylum-seekers made under section 90 of the Immigration and Asylum Act 1999."
 
 
The Housing Act 1988 (c.50)
     77. In Schedule 1 to the Housing Act 1988 (tenancies which are not assured tenancies), after paragraph 12, insert-
 
 

"Accommodation for asylum-seekers
     12A. - (1) A tenancy granted by a private landlord under arrangements for the provision of support for asylum-seekers or dependants of asylum-seekers made under section 90 of the Immigration and Asylum Act 1999.
 
      (2) "Private landlord" means a landlord who is not within section 80(1) of the Housing Act 1985."
 
 
The Prevention of Terrorism (Temporary Provisions) Act 1989 (c.4)
     78. - (1) Paragraph 10 of Schedule 5 to the Prevention of Terrorism (Temporary Provisions) Act 1989 (requirements on captain of ship or aircraft with respect to passengers and crew) is amended as follows.
 
      (2) In sub-paragraph (4), for "unless he is subject to the requirements of an order under paragraph 27(2) of Schedule 2 to the Immigration Act 1971 and subject to sub-paragraph (6)" substitute "subject to sub-paragraphs (5A) and (6)".
 
      (3) After sub-paragraph (5), insert-
 
 
    "(5A) Sub-paragraph (4) above does not apply to the extent that the information mentioned in sub-paragraph (5) above is the subject of-
 
 
    (a) an order under paragraph 27(2) of Schedule 2 to the Immigration Act 1971 in relation to the arrival of the ship or aircraft, or
 
    (b) a request made to the owner or agent of the ship or aircraft under paragraph 27B of that Schedule in relation to the arrival of the ship or aircraft."
 
The Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/1341 (N.I. 12))
     79. - (1) The Police and Criminal Evidence (Northern Ireland) Order 1989 is amended as follows.
 
      (2) In Article 10 (provision for Northern Ireland corresponding to section 8 of the 1984 Act), at the end insert-
 
 
    "(6) This Article applies in relation to a relevant offence (as defined in section 28D(4) of the Immigration Act 1971) as it applies in relation to a serious arrestable offence."
 
      (3) In Article 24 (provision for Northern Ireland corresponding to section 22 of the 1984 Act), at the end insert-
 
 
    "(6) This Article also applies to anything retained by the police under section 28H(5) of the Immigration Act 1971."
 
      (4) In Article 61 (fingerprints) in paragraph (9)(a), after "1971" insert ", section 137 of the Immigration and Asylum Act 1999 or regulations made under section 140 of that Act".
 
 
The Courts and Legal Services Act 1990 (c.41)
     80. - (1) The Courts and Legal Services Act 1990 is amended as follows.
 
      (2) In Schedule 10 (judicial and other appointments), omit paragraph 34.
 
 
The Social Security Contributions and Benefits Act 1992 (c.4)
     81. In the Social Security Contributions and Benefits Act 1992, omit section 146A (persons subject to immigration control).
 
 
The Social Security Contributions and Benefits (Northern Ireland) Act 1992 (c.7)
     82. In the Social Security Contributions and Benefits (Northern Ireland) Act 1992, omit section 142A (persons subject to immigration control).
 
 
The Tribunals and Inquiries Act 1992 (c.53)
     83. The Tribunals and Inquiries Act 1992 is amended as follows.
 
     84. In Schedule 1 (tribunals under the supervision of the Council on Tribunals), after paragraph 2 insert-
 
 
 
"Asylum-seekers support
 
2A. Asylum Support Adjudicators established under section 98 of the Immigration and Asylum Act 1999."
     85. In Schedule 1, in paragraph 22-
 
 
    (a) in sub-paragraph (a), for "12 of the Immigration Act 1971" substitute " 51 of the Immigration and Asylum Act 1999"; and
 
    (b) in sub-paragraph (b), for "that section" substitute "section 50 of that Act".
     86. In Schedule 1, after paragraph 22, insert-
 
 
 
"Immigration services
 
22A. The Immigration Services Tribunal established under section 82 of the Immigration and Asylum Act 1999."
 
The Judicial Pensions and Retirement Act 1993 (c.8)
     87. - (1) The Judicial Pensions and Retirement Act 1993 is amended as follows.
 
      (2) In Schedule 1 (offices which may be qualifying judicial offices), in Part II, for "Chief, or any other, immigration adjudicator under the Immigration Act 1971" substitute "Immigration Adjudicator".
 
      (3) In Schedule 6 (retirement date for certain judicial offices), omit paragraphs 37 and 38.
 
 
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